Yesterday, February 3, 2009, counsel for WAYNE TOMPKINS was advised that thisCourt had directed a status report to be filed. However, this Court=s order is not available online,nor has counsel received the report in any other fashion. When the State filed it=s report itreferenced the above-entitled case number. And from the online docket it is apparent that thisCourt did enter yesterday=s order in the above-captioned case, which unfortunately is not includedon the death warrant page and thus is not available to be reviewed online.

Currently, there is pending in state circuit court a motion submitted by Mr. Tompkinsrequesting DNA testing. Even though the State opposed any testing, the Governor ordered DNAtesting to be conducted of a number of items. Bone fragments from the body, a bathrobe foundwith the body, a sash found around the victims neck, a pajama top, and a piece of a barrette wereobtained by FDLE and sent to the FBI on December 16, 2008.

According to the FBI report that was provided to Mr. Tompkins= counsel which was datedJanuary 2, 2009, only one of the three bone fragments submitted was tested for mitochondrialDNA. As to the one fragment that was tested, there was an insufficient quantity of mitochondrialDNA found and thus no DNA sequence was obtained. Beyond testing just the one bone fragment,

A[n]o other mtDNA examinations were conducted.@ No explanation was provided a to why theother bone fragments were not tested.

According to the FBI report that was provided to Mr. Tompkins= counsel, which was datedDecember 23, 2008, besides the submission of three bone fragments, the FBI was provided a pieceof barrette, a robe, a pajama top, and a robe sash. However, no reports concerning any testing ofthese items by the FBI has been provided to counsel. Counsel has merely received an FDLEreport indicating that these items were returned to the FDLE on January 20, 2009.However, an FDLE report dated January 27, 2009, reveals that FDLE did an analysis of thebathrobe, the sash, and the pajama top. According to the FDLE report, the bathrobe, the sash andthe pajama top all gave chemical indications for the presence of blood. Also according to theFDLE report, hair and debris were collected from each item, i.e. the bathrobe, the sash, and thepajama top. However as to this hair debris that was collected, A[n]o analysis was performed@.ASamples@ from the bathrobe, the sash, and the pajama top were submitted for DNAanalysis. However according to the January 27th report, a ADNA profile was not obtained fromthe STR analysis@ of the items.

These reports were provided to Mr. Tompkins= counsel on January 28, 2009. Counsel hasbeen consulting with appropriate experts as to what thee reports mean and/or reveal. At aminimum, it is clear that hair and debris found with the victim exists, the existence of which wasnot previously known. There is biological material on the bathrobe, the sash, and the pajama top,which by definition must contain DNA, but which the methods used by FDLE were notsophisticated enough to produce a DNA sequence. And, there remains bone fragments which theFBI did not test for mitochondrial DNA, but which could be tested by analyst of Mr. Tompkins=choice.

Given that the reports revealing this information was disclosed exactly one week agotoday, counsel has not had time to further digest this information and determine what avenues topursue on behalf of Mr. Tompkins. Counsel is consulting with Mr. Tompkins today and is tryingto prepare the appropriate legal papers for filing as soon as they are completed.As for federal proceedings currently pending, Mr. Tompkins has filed a notice of appealfrom the dismissal of federal habeas petition. Currently an application for a certificate ofappealability is pending in the Eleventh Circuit.Mr. Tompkins is also pursuing certiorari review in the United States Supreme Court. Anapplication for a extension of time was sent to the U.S. Supreme Court on Saturday, January 31,2009, obviously before counsel was advised of the new execution date.I HEREBY CERTIFY that a true copy of the foregoing status report has been furnishedby United States Mail, first class postage prepaid, to Jalal Harb, Assistant State Attorney, Office ofthe State Attorney, Courthouse Annex, 800 East Twiggs Street; Tampa, FL 33602; ScottBrowne, Assistant Attorney General, Concourse Center 4, 3507 E. Frontage Road, Suite 200,Tampa, FL 33607-7013 on February 4, 2009.Respectfully submitted,_________________________________MARTIN J. MCCLAINFlorida Bar No. 0754773Special Assistant CCRC-South101 NE Third Ave.Fort Lauderdale, FL 33301(305) 984-8344Attorney for Mr. Tompkins